Temporary HealthCare Staffing Registry

"Temporary healthcare staffing agency" or "agency":

(A) Means a person, or other business entity:

(i) Engaged in whole or in part in the business of
providing or procuring temporary employment in healthcare
facilities for direct care staff; or

(ii) That operates a digital website or digital smartphone
application that facilitates the provision of the engagement of
direct care staff and accepts requests from healthcare facilities
for direct care staff through its digital website or digital
smartphone application; and

(B) Does not include:

(i) An individual who engages, only on the individual's
own behalf, to provide the individual's services on a temporary
basis to a healthcare facility without the use or involvement of a
temporary healthcare staffing agency; or

(ii) An agency operated by a hospital, assisted-care
living facility, or nursing home as those terms are defined by§
68-11-201, or an affiliate of a hospital, assisted-care living
facility, or nursing home, if the purpose of the agency is solely
procuring, furnishing, or referring temporary or permanent
direct care staff for employment at that healthcare provider, or
any affiliates under common ownership.

TCA § 68-11-2304. Requirement for registration.

(a) A temporary healthcare staffing agency shall not be operated, maintained,
or advertised in this state without registering with the commission. Each separate
location of a temporary healthcare staffing agency shall register and obtain a
separate registration.

(b) Each application to operate a temporary healthcare staffing agency must
be made on forms adopted by the commission. The commission shall promulgate
rules in accordance with the Uniform Administrative Procedures Act, compiled in title
4, chapter 5, to establish the application process -for temporary healthcare staffing
agency registration. The application must include:

(1) The names and addresses of any controlling person;

(2) The names and addresses of any owner who does not meet the
definition of a controlling person. If the owner is a corporation, then the
application must include copies of the corporation's articles of incorporation
and current bylaws, and the names and addresses of its officers and directors;

(3) The names and addresses of the person or persons under whose
management· or supervision the temporary healthcare staffing agency will. be
operated; · ·

(4) Satisfactory proof that the temporary healthcare staffing agency will
maintain compliance with this part;

(5) A policy and procedure that describes how the temporary
healthcare staffing agency's records will be immediately available to the
commission upon request; and

(6) Any other relevant information the comm1ss1on determines is
necessary to properly evaluate an application for registration

(c) The commission may establish a registration fee in an amount sufficient to
fund the projected costs of administering registration of temporary healthcare staffing
agencies, but in no case may such fee exceed five thousand dollars ($5,000).

( d) The commission shall deny an application for temporary healthcare staffing
agency registration for failure to provide the _information required by this section.

(e) A registration issued by the commission to an agency is effective for a
period of one (1) year from the date of its issuance unless the registration is revoked
for noncompliance with this section. If a controlling person changes, the temporary
healthcare staffing agency is sold, or management is transferred, then the registration
of the agency is voided and the new controlling person, owner, or manager may apply
for a new registration.

Change of Information Form Link

Biannual Reporting

We have attempted to make Biannual reporting as accurate and efficient as possible. To facilitate this, we have created a Reporting Workbook Template that should be downloaded and then submitted to us during the below reporting periods via the included Secure Form link. You will download the template and then when time, click on the link, fill out the attestation form, and upload the template through the available link. Once the reports have been reviewed for completion, this will complete your reporting requirement. You will receive a letter via email letting you know that the submission has been accepted once our staff have had time to review the information for completeness. As this is still a new process, changes are possible, particularly around the due dates but if a change is necessary we will give adequate notice.

Blank Biannual Report Template (Click Here)

All registrants will be required to submit their first completed biannual report by January 31st annually (for the reporting period of July 1st through December 31st) and then their second report by July 31st annually (for the reporting period of January 1st through June 30th).

During the months of January and July you may submit your completed report via the below secure link. This ink will take you to a secure attestation form with the upload link for the template.

Attestation Form - Click Here 

Tenn. Code § 68-11-2305

(a) A temporary healthcare staffing agency shall submit biannual reports to the commission.

(b) The commission shall promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to establish requirements for temporary healthcare staffing agencies to submit biannual reports. The biannual reports must include, but are not limited to, the following:

(1) The name, professional licensure or certification, and assigned healthcare facility for each direct care staff;

(2) The length of time the direct care staff has been assigned to each healthcare facility and the total hours worked;

(3) A detailed listing of the average amount charged during each reporting period to a healthcare facility for each category of direct care staff providing services to the healthcare facility;

(4) A detailed listing of the average amount paid during each reporting period to direct care staff for their services for each category of direct care staff providing services to the healthcare facility;

(5) The agency's certification that each direct care staff contracted to a healthcare facility during the reporting period had a current, unrestricted license or certification in good standing and met the training and continuing education standards for the position with the healthcare facility throughout the entirety of the reporting period; and

(6) The agency's certification that each direct care staff contracted to a healthcare facility had successfully completed all background and abuse registry checks required by federal and state law and rule relating to the position and healthcare facility in which the direct care staff was placed or assigned during the reporting period.

(c) Biannual reports required by this section are considered proprietary information that is confidential and not subject to public inspection pursuant to title 10, chapter 7, part 5. However, the commission shall annually prepare reports of aggregate data that does not identify any data specific to any temporary healthcare staffing agency.

T.C.A. § 68-11-2305

Please Direct all question to Ms. Teri James. She can be reached at:
Phone: 615-253-6085
Email: Teri.James@tn.gov
 

DISCLAIMER

The First list below is a complete list of all temporary staffing agencies that provided the requisite notice of operation prior to the 12/31/2023 deadline. The second list is a complete list of the temporary staffing agencies whose applications have been processed and are approved for registration. For further guidance, please refer to Tenn. Code Ann. §§ 68-11-2301 - 6811-2308 and the Emergency Rules, Tenn. Comp. R. and Reg. No. 0720-46.  

Notice of Operation for Temporary Staffing Registry  (As of 1/9/2024)

Registered Agencies  (As of 7/25/2024)

How to File a Complaint

Filing a complaint against a Temporary Healthcare Staffing Agency

When a problem or violation is experienced with a temporary healthcare staffing agency, you have the right to report them. If you believe they are either unregistered or in violation or relevant law or Rules and Regulations, you may file a complaint.
While we hope that you will never have to file a complaint against a temporary healthcare staffing agency, doing so is a simple matter. The steps have been outlined below:

• How to File a Complaint Against a temporary healthcare staffing registry

Filing a Complaint against a temporary healthcare staffing agency

When a problem is experienced with a specific temporary healthcare staffing agency you should file your complaint with the Health Facilities Commission. You have three options for filing your complaint:

• Phone Complaint to The Temporary Healthcare Staffing Registry (TSR) Director. You may phone your complaint to the Director of the registry. Phone is answered Monday through Friday, 8:00 a.m. – 4:30 p.m. Simply dial this number:
  1-615-253-6085
  
• Mail your Complaint or submit by way of secure formstack link. You may contact the Health Facilities Commission at 1-877-287-0010 or the Director of the Temporary Healthcare Staffing Registry at 615-253-6085 to request a complaint form or you may submit a copy via the online link. You may also download a copy by clicking on the link below. You may fill out the form as completely as possible and return it to us by mail at:
  Health Facilities Commission
  c/o The Director of the Temporary Staffing Registry
  665 Mainstream Drive, Second Floor
  Nashville, TN 37243 

     ONLINE Complaint Form

     Complaint Form to Print for Mail/Email - Click Here

Complaint Review Process

Upon receipt of the complaint, the Health Facilities Commission, Temporary Healthcare Staffing Registry Staff will review the complaint and assign it a priority according to the severity of the alleged violation. The complaint will be investigated by the TSR staff. You will receive a letter from the Commission acknowledging your complaint. TSR staff investigators may contact you for additional information, if deemed necessary. All complaints received are taken seriously and a thorough and fair evaluation under the law is conducted.
When a decision is reached, you will receive a letter from the TSR. The specific content of such letters varies depending upon the circumstances of the complaint. However, they are generally one of the following types.

1. Sufficient evidence did not exist to warrant the Commission to impose disciplinary action or penalties, but the temporary healthcare staffing registry has been investigated and has been informed of the concerns that lead to the complaint. The complainant’s name is confidential and not released to the staffing agency.

2. There was sufficient evidence to warrant the Commission to impose disciplinary action and/or penalties.

Although the Commission may, upon request, be required by law to release basic information about a specific complaint, the name of the complainant, if known, is always kept confidential.
 

1. Our agency provides temporary Direct Care Staff into Health Care Facilities. Do we need to register?

Answer- Yes, if the facilities are Nursing homes and/ or Assisted-care Living Facilities as these terms are defined by T.C.A. 68-11-201.

2. Our agency filled out an online form before December 31, 2023, are we registered.

Answer- No, that form was for the required notice of operation not actual registration. The application for registration will be available on our website soon.

3. Our agency did not submit the notice of operation, what do we do now?

Answer- Register as normal, but you will not be listed on the current public facing list of those that complied with the requirement.

4. Our agency sent in a fee schedule payment when we submitted our notice of operation, how is that dealt with on the application?

Answer- If you have already paid your non-refundable fee schedule payment, it will be credited to you for the 2024 fiscal year. You will still need to send in the $180.00 Application fee.

5. Our agency has filled out the new application for registration, now what?

Answer- We will be reviewing these applications in depth to determine that all requirements are met. Once this has occurred and the agency has initial approval, your agency will be placed on a public facing list signifying that you are in the process of compliance.

6. Our agency has been placed on the list signifying we are in the process of compliance, why are we not listed as registered?

Answer- The agencies that comply with the law and have provided all of the necessary information and payments for registration will be considered as registered as of July 1, 2024. Soon after that date Certificates of registration will be provided.

7. Is registration a one time requirement?

Answer- No, it is an annual requirement. A registration issued by the commission to an agency is effective for a period of one (1) year from the date of its issuance unless the registration is revoked for noncompliance.

8. What happens if we do not register?

Answer- No person, partnership, association, corporation, or state, county or local government unit, or any division, department, board, or agency thereof, shall establish, conduct, operate, or maintain in the State of Tennessee any temporary healthcare staffing agency, or providing or procuring temporary employment in healthcare facilities for direct care staff without first registering with the Commission.

9. How do we request a change of information should it be necessary?

Answer-  Go to the following link:  State of Tennessee (formstack.com) and fill this form out completely.  If we need additional information, we will send an email explaining it.  After we have made a determination, you will receive an email either approving the change request or denying it.  If we must deny the request, additional information on next steps will be included in the letter attached to the determination email.

10. Is there a definition of "Temporary"?

Answer-  Currently, there is no definition of "Temporary," but we hope to address this in the near future.  In the interim, "Temporary" should be defined and interpreted as less than twenty-four months.

11. If we have a question that is not addressed here, who should we contact?

Answer- Please feel free to contact the Director of the Temporary Staffing Registry with any additional questions or clarifications and we will do our best to answer them. Please email  Ms. Teri James at teri.james@tn.gov and/or call her at 615-253-6085.